Certain Uncoated Paper From Indonesia and the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order (Indonesia) and Countervailing Duty Order (People's Republic of China), 11187-11189 [2016-04717]
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Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices
extension request will be considered
untimely if it is filed after 10:00 a.m. on
the due date. Examples include, but are
not limited to: (1) Case and rebuttal
briefs, filed pursuant to 19 CFR 351.309;
(2) factual information to value factors
under 19 CFR 351.408(c), or to measure
the adequacy of remuneration under 19
CFR 351.511(a)(2), filed pursuant to 19
CFR 351.301(c)(3) and rebuttal,
clarification and correction filed
pursuant to 19 CFR 351.301(c)(3)(iv); (3)
comments concerning the selection of a
surrogate country and surrogate values
and rebuttal; (4) comments concerning
U.S. Customs and Border Protection
data; and (5) quantity and value
questionnaires. Under certain
circumstances, the Department may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, the
Department will inform parties in the
letter or memorandum setting forth the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. This
modification also requires that an
extension request must be made in a
separate, stand-alone submission, and
clarifies the circumstances under which
the Department will grant untimelyfiled requests for the extension of time
limits. These modifications are effective
for all segments initiated on or after
October 21, 2013. Please review the
final rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: February 25, 2016.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2016–04702 Filed 3–2–16; 8:45 am]
mstockstill on DSK4VPTVN1PROD with NOTICES
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–560–829, C–570–023]
Certain Uncoated Paper From
Indonesia and the People’s Republic of
China: Amended Final Affirmative
Countervailing Duty Determination and
Countervailing Duty Order (Indonesia)
and Countervailing Duty Order
(People’s Republic of China)
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing countervailing
duty (CVD) orders on certain uncoated
paper from Indonesia and the People’s
Republic of China (PRC). Also, as
explained in this notice, the Department
is amending its final affirmative
determination with respect to Indonesia
to correct the rates assigned to APRIL
Fine Paper Macao Commercial Offshore
Limited/PT Anugrah Kertas Utama/PT
Riau Andalan Kertas/PT Intiguna
Primatama/PT Riau Andalan Pulp &
Paper/PT Esensindo Cipta Cemerlang
(the APRIL companies); Great Champ
Trading Limited (Great Champ); Indah
Kiat Pulp & Paper TBK/Pabrik Kertas
Tjiwi Kimia/PT Pindo Deli Pulp and
Paper Mills (IK/TK/PD); and All-Others.
DATES: Effective Date: March 3, 2016.
FOR FURTHER INFORMATION CONTACT:
Indonesia: David Goldberger, Office II,
telephone: (202) 482–4136; PRC: Joy
Zhang, Office III, telephone: (202) 482–
1168; AD/CVD Operations, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 8, 2016, the Department
issued its final determinations in the
CVD investigations of certain uncoated
paper from Indonesia and the PRC.1
On January 19, 2016, the Department
received a timely allegation from Asia
Symbol (Guangdong) Paper Co., Ltd.
(AS Guangdong) and its cross-owned
affiliates, Asia Symbol (Guangdong)
Omya Minerals Co., Ltd. (AS Omya),
1 See Certain Uncoated Paper From Indonesia:
Final Affirmative Countervailing Duty
Determination, 81 FR 3104 (January 20, 2016)
(Indonesia Final Determination); Certain Uncoated
Paper From the People’s Republic of China: Final
Affirmative Countervailing Duty Determination, 81
FR 3110 (January 20, 2016).
VerDate Sep<11>2014
19:17 Mar 02, 2016
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Fmt 4703
Sfmt 4703
11187
Asia Symbol (Shandong) Pulp & Paper
Co. (AS Shandong), and Greenpoint
Global Trading (Macao Commercial
Offshore) Limited (Greenpoint)
(collectively, Asia Symbol) that the
Department made ministerial errors in
the final determination in the CVD
investigation of certain uncoated paper
from the PRC.2 On January 27, 2016, the
Department received comments from
the petitioners 3 on Asia Symbol’s
ministerial error allegation.4 The
Department analyzed the allegation
submitted by Asia Symbol and
determined that no ministerial errors
exist, as defined by section 705(e) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.224(f).5
On January 19, 2016, the APRIL
companies submitted a timely
ministerial error allegation, as amended
on January 28, 2016, and requested that
the Department correct the alleged
ministerial error in the subsidy rate
calculations.6 No other interested party
submitted ministerial error allegations
or rebuttals to the APRIL companies’
submissions. The Department analyzed
the allegation submitted by the APRIL
companies and determined that
ministerial errors exist, as defined by
section 705(e) of the Act and 19 CFR
351.224(f).7 See ‘‘Amendment to the
Indonesia CVD Final Determination’’
section, below for further discussion.
On February 22, 2016, the ITC
notified the Department of its final
determinations pursuant to section
705(b)(1)(A)(i) and section 705(d) of the
Act, that an industry in the United
States is materially injured by reason of
subsidized imports of subject
2 See Letter from Asia Symbol, ‘‘Certain Uncoated
Paper from the People’s Republic of China:
Ministerial Error Comments, dated January 19,
2016.
3 The petitioners are United Steel, Paper and
Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union
(USW); Domtar Corporation; Finch Paper LLC; P.H.
Glatfelter Company; and Packaging Corporation of
America (collectively, the petitioners).
4 See Letter from the petitioners, ‘‘Certain
Uncoated Paper From the People’s Republic of
China: Petitioners’ Response To Asia Symbol’s
Ministerial Error Comments,’’ dated January 27,
2016.
5 See Memorandum ‘‘Allegations of Ministerial
Errors in the Final Determination,’’ dated February
1, 2016.
6 See Letter from the APRIL companies, ‘‘Certain
Uncoated Paper from Indonesia: Ministerial Error
Comments,’’ dated January 19, 2016; Letter from the
APRIL companies, ‘‘Certain Uncoated Paper from
Indonesia: Amended Ministerial Error Comments—
AKU—APRIL,’’ dated January 28, 2016.
7 See Memorandum ‘‘Ministerial Error Allegations
in the Final Determination,’’ dated February 17,
2016 (Ministerial Error Decision Memorandum).
E:\FR\FM\03MRN1.SGM
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11188
Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices
merchandise from Indonesia and the
PRC.8
Scope of the Orders
The merchandise subject to these
orders includes uncoated paper in sheet
form; weighing at least 40 grams per
square meter but not more than 150
grams per square meter; that either is a
white paper with a GE brightness level 9
of 85 or higher or is a colored paper;
whether or not surface-decorated,
printed (except as described below),
embossed, perforated, or punched;
irrespective of the smoothness of the
surface; and irrespective of dimensions
(Certain Uncoated Paper).
Certain Uncoated Paper includes (a)
uncoated free sheet paper that meets
this scope definition; (b) uncoated
ground wood paper produced from
bleached chemi-thermo-mechanical
pulp (BCTMP) that meets this scope
definition; and (c) any other uncoated
paper that meets this scope definition
regardless of the type of pulp used to
produce the paper.
Specifically excluded from the scope
of these orders are (1) paper printed
with final content of printed text or
graphics and (2) lined paper products,
typically school supplies, composed of
paper that incorporates straight
horizontal and/or vertical lines that
would make the paper unsuitable for
copying or printing purposes. For
purposes of this scope definition, paper
shall be considered ‘‘printed with final
content’’ where at least one side of the
sheet has printed text and/or graphics
that cover at least five percent of the
surface area of the entire sheet.
Imports of the subject merchandise
are provided for under Harmonized
Tariff Schedule of the United States
(HTSUS) categories 4802.56.1000,
4802.56.2000, 4802.56.3000,
4802.56.4000, 4802.56.6000,
4802.56.7020, 4802.56.7040,
4802.57.1000, 4802.57.2000,
4802.57.3000, and 4802.57.4000. Some
imports of subject merchandise may
also be classified under 4802.62.1000,
4802.62.2000, 4802.62.3000,
4802.62.5000, 4802.62.6020,
4802.62.6040, 4802.69.1000,
4802.69.2000, 4802.69.3000,
4811.90.8050 and 4811.90.9080. While
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope is
dispositive.
Amendment to the Indonesia CVD Final
Determination
As discussed above, after analyzing
the comments received, we determined,
in accordance with section 705(e) of the
Act and 19 CFR 351.224(e), that we
made ministerial errors in certain
calculations for the Indonesia Final
Determination with respect to the
APRIL companies. This amended final
CVD determination corrects these errors
and revises the ad valorem subsidy rate
for the APRIL companies to 21.21
percent, Great Champ to 103.99 percent,
IK/TK/PD to 109.14 percent, and AllOthers to 21.21 percent.10
Countervailing Duty Orders
In accordance with sections
705(b)(1)(A)(i) and 705(d) of the Act, the
ITC notified the Department of its final
determinations that the industry in the
United States producing certain
uncoated paper is materially injured by
reason of subsidized imports of certain
uncoated paper from Indonesia and the
PRC. Therefore, in accordance with
section 705(c)(2) of the Act, we are
publishing these CVD orders.
As a result of the ITC’s final
determinations, in accordance with
section 706(a) of the Act, the
Department will direct U.S. Customs
and Border Protection (CBP) to assess,
upon further instruction by the
Department, CVDs on unliquidated
entries of certain uncoated paper
entered, or withdrawn from warehouse,
for consumption on or after June 29,
2015, the date on which the Department
published its preliminary CVD
determinations in the Federal
Register,11 and before October 27, 2015,
the date on which the Department
instructed CBP to discontinue the
suspension of liquidation in accordance
with section 703(d) of the Act. Section
703(d) of the Act states that the
suspension of liquidation pursuant to a
preliminary determination may not
remain in effect for more than four
months. Therefore, entries of certain
uncoated paper made on or after
October 27, 2015, and prior to the date
of publication of the ITC’s final
determinations in the Federal Register
are not liable for the assessment of CVDs
due to the Department’s
discontinuation, effective October 27,
2015, of the suspension of liquidation.
Suspension of Liquidation
In accordance with section 706 of the
Act, the Department will direct CBP to
reinstitute the suspension of liquidation
of certain uncoated paper from
Indonesia and the PRC, effective the
date of publication of the ITC’s notice of
final determinations in the Federal
Register, and to assess, upon further
advice by the Department pursuant to
section 706(a)(1) of the Act, CVDs for
each entry of the subject merchandise in
an amount based on the net
countervailable subsidy rates for the
subject merchandise. On or after the
date of publication of the ITC’s final
injury determinations in the Federal
Register, CBP must require, at the same
time as importers would normally
deposit estimated duties on this
merchandise, a cash deposit equal to the
rates noted below:
Indonesia
Amended
subsidy rate
(percent)
Company
mstockstill on DSK4VPTVN1PROD with NOTICES
APRIL Fine Paper Macao Commercial Offshore Limited/PT Anugrah Kertas Utama/PT Riau Andalan Kertas/PT Intiguna
Primatama/PT Riau Andalan Pulp & Paper/PT Esensindo Cipta Cemerlang .................................................................................
Great Champ Trading Limited .............................................................................................................................................................
8 See Letter to Christian Marsh, Deputy Assistant
Secretary of Commerce for Enforcement and
Compliance, from Meredith Broadbent, Chairman of
the U.S. International Trade Commission, regarding
certain uncoated paper from Australia, Brazil,
China, Indonesia, and Portugal (February 22, 2016).
See also Certain Uncoated Paper from Australia,
Brazil, China, Indonesia, and Portugal, USITC
Investigation Nos. 701–TA–528–529 and 731–TA–
1264–1268 (Final), USITC Publication 4592
(February 2016).
VerDate Sep<11>2014
19:17 Mar 02, 2016
Jkt 238001
9 One of the key measurements of any grade of
paper is brightness. Generally speaking, the brighter
the paper the better the contrast between the paper
and the ink. Brightness is measured using a GE
Reflectance Scale, which measures the reflection of
light off a grade of paper. One is the lowest
reflection, or what would be given to a totally black
grade, and 100 is the brightest measured grade.
‘‘Colored paper’’ as used in this scope definition
means a paper with a hue other than white that
reflects one of the primary colors of magenta,
yellow, and cyan (red, yellow, and blue) or a
combination of such primary colors.
PO 00000
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Fmt 4703
Sfmt 4703
10 See
21.21
103.99
Ministerial Error Decision Memorandum at
3.
11 See Certain Uncoated Paper From Indonesia:
Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping
Determination, 80 FR 36971 (June 29, 2015); Certain
Uncoated Paper From the People’s Republic of
China: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping
Determination, 80 FR 36968 (June 29, 2015).
E:\FR\FM\03MRN1.SGM
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Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices
11189
Amended
subsidy rate
(percent)
Company
Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT Pindo Deli Pulp and Paper Mills ..........................................................
All-Others .............................................................................................................................................................................................
109.14
21.21
People’s Republic of China
Subsidy rate
(percent)
Company
Asia Symbol (Guangdong) Paper Co., Ltd. (AS Guangdong), Asia Symbol (Shandong) Pulp & Paper Co., Ltd. (AS Shandong),
Asia Symbol (Guangdong) Omya Minerals Co., Ltd. (AS Omya), and Greenpoint Global Trading (Macao Commercial Offshore) Limited (Greenpoint) (collectively, Asia Symbol Companies) ..............................................................................................
Shandong Sun Paper Industry Joint Stock Co., Ltd. (Shandong Sun Paper), and Sun Paper (Hong Kong) Co., Ltd. (Sun Paper
HK) (collectively, Sun Paper Companies) .......................................................................................................................................
UPM (China) Co. Ltd. (UPM) ..............................................................................................................................................................
All-Others .............................................................................................................................................................................................
This notice constitutes the CVD
orders with respect to certain uncoated
paper from Indonesia and the PRC,
pursuant to section 706(a) of the Act.
Interested parties may contact the
Department’s Central Records Unit,
Room B8024 of the main Commerce
Building, for a copy of an updated list
of CVD orders currently in effect.
These orders are issued and published
in accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: February 25, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–04717 Filed 3–2–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE456
Pacific Fishery Management Council;
Notice of Intent To Prepare an
Environmental Impact Statement
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent to prepare an
environmental impact statement (EIS);
request for comments.
AGENCY:
NMFS and the Pacific Fishery
Management Council (Council)
announce their intent to prepare an EIS
in accordance with the National
Environmental Policy Act (NEPA) of
1969 to analyze the impacts on the
human (biological, physical, social, and
economic) environment of gear changes
in the Pacific Coast Groundfish
Fishery’s Trawl Catch Share Program,
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:17 Mar 02, 2016
Jkt 238001
also called the Trawl Rationalization
Program. This notice also requests
written comment.
DATES: Public scoping will be conducted
through this notice. Comments must be
received by 5 p.m. Pacific Standard
Time on April 4, 2016 (see
SUPPLEMENTARY INFORMATION).
ADDRESSES: You may submit comments
on issues and alternatives by any of the
following methods:
• Email: groundfish.gearEIS@
noaa.gov.
• Mail: Submit written comments to
William W. Stelle, Jr., Regional
Administrator, West Coast Region,
NMFS, 7600 Sand Point Way NE.,
Seattle, WA 98115–0070; Attn: Jamie
Goen.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS.
FOR FURTHER INFORMATION CONTACT:
Jamie Goen, NMFS West Coast Region at
206–526–4656 or jamie.goen@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background for Agency Action
There are more than 90 species
managed under the Pacific Coast
Groundfish Fishery Management Plan
(Groundfish FMP). These groundfish
stocks support an array of commercial,
recreational, and tribal fishing interests
in state and Federal waters off the coasts
of Washington, Oregon, and California.
In addition, groundfish are harvested
incidentally in non-groundfish fisheries;
most notably, the trawl fisheries for
pink shrimp and California halibut.
The Trawl Catch Share Program was
implemented in 2011, changing how the
groundfish limited entry trawl fishery is
managed. The Trawl Catch Share
Program replaced the need for some, but
PO 00000
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Fmt 4703
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7.23
176.75
176.75
7.23
not all, of the trip-limit structure in
Federal regulations, and modified
regulations for the at-sea fleets. Some of
the remaining pre-Trawl Catch Share
Program regulations may unnecessarily
constrain harvest efficiency and
effectiveness under a catch share
framework. Pre-Trawl Catch Share
Program regulations that managed the
fleet as a whole may need to be updated
or may no longer be appropriate for
managing individuals operating under
the incentives provided by catch shares.
Proposed Action
The proposed action is to revise
groundfish gear regulations for the
Trawl Catch Share Program, including
trawl gear configuration and gear use.
The proposed action may include the
following gear regulation changes:
• Loosening or eliminating the
minimum mesh size requirement for
bottom trawl;
• Updating the procedure for
measuring mesh sizes;
• Loosening or eliminating cod-end
regulations;
• Loosening or eliminating selective
flatfish trawl gear requirements and
restrictions (Large and small footrope
distinctions would remain.);
• Loosening or eliminating chafing
gear regulations;
• Allowing vessels to carry and/or
use multiple gear types on a single trip;
• Allowing a gear to be fished in
multiple management areas on the same
trip; and
• Allowing a vessel’s next gear
deployment to start before all fish from
the previous deployment have been
stowed.
The proposed action may affect
fishing in the Trawl Catch Share
Program by any or all of the gear types
that participate in the fishery, including
bottom trawl (small and large footrope),
E:\FR\FM\03MRN1.SGM
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Agencies
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11187-11189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04717]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-560-829, C-570-023]
Certain Uncoated Paper From Indonesia and the People's Republic
of China: Amended Final Affirmative Countervailing Duty Determination
and Countervailing Duty Order (Indonesia) and Countervailing Duty Order
(People's Republic of China)
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC),
the Department is issuing countervailing duty (CVD) orders on certain
uncoated paper from Indonesia and the People's Republic of China (PRC).
Also, as explained in this notice, the Department is amending its final
affirmative determination with respect to Indonesia to correct the
rates assigned to APRIL Fine Paper Macao Commercial Offshore Limited/PT
Anugrah Kertas Utama/PT Riau Andalan Kertas/PT Intiguna Primatama/PT
Riau Andalan Pulp & Paper/PT Esensindo Cipta Cemerlang (the APRIL
companies); Great Champ Trading Limited (Great Champ); Indah Kiat Pulp
& Paper TBK/Pabrik Kertas Tjiwi Kimia/PT Pindo Deli Pulp and Paper
Mills (IK/TK/PD); and All-Others.
DATES: Effective Date: March 3, 2016.
FOR FURTHER INFORMATION CONTACT: Indonesia: David Goldberger, Office
II, telephone: (202) 482-4136; PRC: Joy Zhang, Office III, telephone:
(202) 482-1168; AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On January 8, 2016, the Department issued its final determinations
in the CVD investigations of certain uncoated paper from Indonesia and
the PRC.\1\
---------------------------------------------------------------------------
\1\ See Certain Uncoated Paper From Indonesia: Final Affirmative
Countervailing Duty Determination, 81 FR 3104 (January 20, 2016)
(Indonesia Final Determination); Certain Uncoated Paper From the
People's Republic of China: Final Affirmative Countervailing Duty
Determination, 81 FR 3110 (January 20, 2016).
---------------------------------------------------------------------------
On January 19, 2016, the Department received a timely allegation
from Asia Symbol (Guangdong) Paper Co., Ltd. (AS Guangdong) and its
cross-owned affiliates, Asia Symbol (Guangdong) Omya Minerals Co., Ltd.
(AS Omya), Asia Symbol (Shandong) Pulp & Paper Co. (AS Shandong), and
Greenpoint Global Trading (Macao Commercial Offshore) Limited
(Greenpoint) (collectively, Asia Symbol) that the Department made
ministerial errors in the final determination in the CVD investigation
of certain uncoated paper from the PRC.\2\ On January 27, 2016, the
Department received comments from the petitioners \3\ on Asia Symbol's
ministerial error allegation.\4\ The Department analyzed the allegation
submitted by Asia Symbol and determined that no ministerial errors
exist, as defined by section 705(e) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.224(f).\5\
---------------------------------------------------------------------------
\2\ See Letter from Asia Symbol, ``Certain Uncoated Paper from
the People's Republic of China: Ministerial Error Comments, dated
January 19, 2016.
\3\ The petitioners are United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers
International Union (USW); Domtar Corporation; Finch Paper LLC; P.H.
Glatfelter Company; and Packaging Corporation of America
(collectively, the petitioners).
\4\ See Letter from the petitioners, ``Certain Uncoated Paper
From the People's Republic of China: Petitioners' Response To Asia
Symbol's Ministerial Error Comments,'' dated January 27, 2016.
\5\ See Memorandum ``Allegations of Ministerial Errors in the
Final Determination,'' dated February 1, 2016.
---------------------------------------------------------------------------
On January 19, 2016, the APRIL companies submitted a timely
ministerial error allegation, as amended on January 28, 2016, and
requested that the Department correct the alleged ministerial error in
the subsidy rate calculations.\6\ No other interested party submitted
ministerial error allegations or rebuttals to the APRIL companies'
submissions. The Department analyzed the allegation submitted by the
APRIL companies and determined that ministerial errors exist, as
defined by section 705(e) of the Act and 19 CFR 351.224(f).\7\ See
``Amendment to the Indonesia CVD Final Determination'' section, below
for further discussion.
---------------------------------------------------------------------------
\6\ See Letter from the APRIL companies, ``Certain Uncoated
Paper from Indonesia: Ministerial Error Comments,'' dated January
19, 2016; Letter from the APRIL companies, ``Certain Uncoated Paper
from Indonesia: Amended Ministerial Error Comments--AKU--APRIL,''
dated January 28, 2016.
\7\ See Memorandum ``Ministerial Error Allegations in the Final
Determination,'' dated February 17, 2016 (Ministerial Error Decision
Memorandum).
---------------------------------------------------------------------------
On February 22, 2016, the ITC notified the Department of its final
determinations pursuant to section 705(b)(1)(A)(i) and section 705(d)
of the Act, that an industry in the United States is materially injured
by reason of subsidized imports of subject
[[Page 11188]]
merchandise from Indonesia and the PRC.\8\
---------------------------------------------------------------------------
\8\ See Letter to Christian Marsh, Deputy Assistant Secretary of
Commerce for Enforcement and Compliance, from Meredith Broadbent,
Chairman of the U.S. International Trade Commission, regarding
certain uncoated paper from Australia, Brazil, China, Indonesia, and
Portugal (February 22, 2016). See also Certain Uncoated Paper from
Australia, Brazil, China, Indonesia, and Portugal, USITC
Investigation Nos. 701-TA-528-529 and 731-TA-1264-1268 (Final),
USITC Publication 4592 (February 2016).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise subject to these orders includes uncoated paper in
sheet form; weighing at least 40 grams per square meter but not more
than 150 grams per square meter; that either is a white paper with a GE
brightness level \9\ of 85 or higher or is a colored paper; whether or
not surface-decorated, printed (except as described below), embossed,
perforated, or punched; irrespective of the smoothness of the surface;
and irrespective of dimensions (Certain Uncoated Paper).
---------------------------------------------------------------------------
\9\ One of the key measurements of any grade of paper is
brightness. Generally speaking, the brighter the paper the better
the contrast between the paper and the ink. Brightness is measured
using a GE Reflectance Scale, which measures the reflection of light
off a grade of paper. One is the lowest reflection, or what would be
given to a totally black grade, and 100 is the brightest measured
grade. ``Colored paper'' as used in this scope definition means a
paper with a hue other than white that reflects one of the primary
colors of magenta, yellow, and cyan (red, yellow, and blue) or a
combination of such primary colors.
---------------------------------------------------------------------------
Certain Uncoated Paper includes (a) uncoated free sheet paper that
meets this scope definition; (b) uncoated ground wood paper produced
from bleached chemi-thermo-mechanical pulp (BCTMP) that meets this
scope definition; and (c) any other uncoated paper that meets this
scope definition regardless of the type of pulp used to produce the
paper.
Specifically excluded from the scope of these orders are (1) paper
printed with final content of printed text or graphics and (2) lined
paper products, typically school supplies, composed of paper that
incorporates straight horizontal and/or vertical lines that would make
the paper unsuitable for copying or printing purposes. For purposes of
this scope definition, paper shall be considered ``printed with final
content'' where at least one side of the sheet has printed text and/or
graphics that cover at least five percent of the surface area of the
entire sheet.
Imports of the subject merchandise are provided for under
Harmonized Tariff Schedule of the United States (HTSUS) categories
4802.56.1000, 4802.56.2000, 4802.56.3000, 4802.56.4000, 4802.56.6000,
4802.56.7020, 4802.56.7040, 4802.57.1000, 4802.57.2000, 4802.57.3000,
and 4802.57.4000. Some imports of subject merchandise may also be
classified under 4802.62.1000, 4802.62.2000, 4802.62.3000,
4802.62.5000, 4802.62.6020, 4802.62.6040, 4802.69.1000, 4802.69.2000,
4802.69.3000, 4811.90.8050 and 4811.90.9080. While HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the scope is dispositive.
Amendment to the Indonesia CVD Final Determination
As discussed above, after analyzing the comments received, we
determined, in accordance with section 705(e) of the Act and 19 CFR
351.224(e), that we made ministerial errors in certain calculations for
the Indonesia Final Determination with respect to the APRIL companies.
This amended final CVD determination corrects these errors and revises
the ad valorem subsidy rate for the APRIL companies to 21.21 percent,
Great Champ to 103.99 percent, IK/TK/PD to 109.14 percent, and All-
Others to 21.21 percent.\10\
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\10\ See Ministerial Error Decision Memorandum at 3.
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Countervailing Duty Orders
In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act,
the ITC notified the Department of its final determinations that the
industry in the United States producing certain uncoated paper is
materially injured by reason of subsidized imports of certain uncoated
paper from Indonesia and the PRC. Therefore, in accordance with section
705(c)(2) of the Act, we are publishing these CVD orders.
As a result of the ITC's final determinations, in accordance with
section 706(a) of the Act, the Department will direct U.S. Customs and
Border Protection (CBP) to assess, upon further instruction by the
Department, CVDs on unliquidated entries of certain uncoated paper
entered, or withdrawn from warehouse, for consumption on or after June
29, 2015, the date on which the Department published its preliminary
CVD determinations in the Federal Register,\11\ and before October 27,
2015, the date on which the Department instructed CBP to discontinue
the suspension of liquidation in accordance with section 703(d) of the
Act. Section 703(d) of the Act states that the suspension of
liquidation pursuant to a preliminary determination may not remain in
effect for more than four months. Therefore, entries of certain
uncoated paper made on or after October 27, 2015, and prior to the date
of publication of the ITC's final determinations in the Federal
Register are not liable for the assessment of CVDs due to the
Department's discontinuation, effective October 27, 2015, of the
suspension of liquidation.
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\11\ See Certain Uncoated Paper From Indonesia: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Determination, 80 FR 36971
(June 29, 2015); Certain Uncoated Paper From the People's Republic
of China: Preliminary Affirmative Countervailing Duty Determination
and Alignment of Final Determination With Final Antidumping
Determination, 80 FR 36968 (June 29, 2015).
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Suspension of Liquidation
In accordance with section 706 of the Act, the Department will
direct CBP to reinstitute the suspension of liquidation of certain
uncoated paper from Indonesia and the PRC, effective the date of
publication of the ITC's notice of final determinations in the Federal
Register, and to assess, upon further advice by the Department pursuant
to section 706(a)(1) of the Act, CVDs for each entry of the subject
merchandise in an amount based on the net countervailable subsidy rates
for the subject merchandise. On or after the date of publication of the
ITC's final injury determinations in the Federal Register, CBP must
require, at the same time as importers would normally deposit estimated
duties on this merchandise, a cash deposit equal to the rates noted
below:
Indonesia
------------------------------------------------------------------------
Amended
Company subsidy rate
(percent)
------------------------------------------------------------------------
APRIL Fine Paper Macao Commercial Offshore Limited/PT 21.21
Anugrah Kertas Utama/PT Riau Andalan Kertas/PT Intiguna
Primatama/PT Riau Andalan Pulp & Paper/PT Esensindo
Cipta Cemerlang........................................
Great Champ Trading Limited............................. 103.99
[[Page 11189]]
Indah Kiat Pulp & Paper TBK/Pabrik Kertas Tjiwi Kimia/PT 109.14
Pindo Deli Pulp and Paper Mills........................
All-Others.............................................. 21.21
------------------------------------------------------------------------
People's Republic of China
------------------------------------------------------------------------
Subsidy rate
Company (percent)
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Asia Symbol (Guangdong) Paper Co., Ltd. (AS Guangdong), 7.23
Asia Symbol (Shandong) Pulp & Paper Co., Ltd. (AS
Shandong), Asia Symbol (Guangdong) Omya Minerals Co.,
Ltd. (AS Omya), and Greenpoint Global Trading (Macao
Commercial Offshore) Limited (Greenpoint)
(collectively, Asia Symbol Companies)..................
Shandong Sun Paper Industry Joint Stock Co., Ltd. 176.75
(Shandong Sun Paper), and Sun Paper (Hong Kong) Co.,
Ltd. (Sun Paper HK) (collectively, Sun Paper Companies)
UPM (China) Co. Ltd. (UPM).............................. 176.75
All-Others.............................................. 7.23
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This notice constitutes the CVD orders with respect to certain
uncoated paper from Indonesia and the PRC, pursuant to section 706(a)
of the Act. Interested parties may contact the Department's Central
Records Unit, Room B8024 of the main Commerce Building, for a copy of
an updated list of CVD orders currently in effect.
These orders are issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: February 25, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-04717 Filed 3-2-16; 8:45 am]
BILLING CODE 3510-DS-P